Landlord Had Cleared Enough Violations

LVT Number: 8465

The DRA denied landlord's application for 1988/89 MBR increases for rent-controlled tenants. Landlord didn't meet the violation certification requirements. A year and a half later, the DRA revoked its prior order and granted landlord the MBR increases because landlord had corrected enough violations. One tenant appealed, claiming that there were still building violations. The DHCR ruled against tenant. Landlord initially had one rent-impairing and five non-rent-impairing violations.

The DRA denied landlord's application for 1988/89 MBR increases for rent-controlled tenants. Landlord didn't meet the violation certification requirements. A year and a half later, the DRA revoked its prior order and granted landlord the MBR increases because landlord had corrected enough violations. One tenant appealed, claiming that there were still building violations. The DHCR ruled against tenant. Landlord initially had one rent-impairing and five non-rent-impairing violations. A later HPD inspection showed that landlord had repaired the rent-impairing violation and four out of the five non-rent-impairing violations. This was sufficient. Landlord was given credit for repairing a violation in an apartment that HPD couldn't get access to in accordance with DHCR policy.

McAllister: DHCR Adm. Rev. Dckt. No. EL 420184-RT (10/25/93) [3-page document]

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